UPDATES ON EXECUTIVE ORDER BANNING TRAVEL FROM RESTRICTED
COUNTRIES (UPDATED ON 02/06/2017)

DHS Follows Judge's Order to Suspend Implementation of the
Travel Ban

On February 4, 2017 the U.S. Department of Homeland Security
("DHS") announced that it would comply with the ruling
from the United States District Court for the Western District of
Washington which issued a Temporary Restraining Order prohibiting
the federal government from enforcing certain sections of the
Executive Order. The ruling, which applies nationwide, prohibits
the enforcement of the 90-day travel ban on immigrants and
nonimmigrants from the seven restricted countries, and select
provisions of the refugee program. As a result of the Order, the
U.S. Department of State ("DOS") confirmed that visas
that were provisionally revoked as a result of the Executive Order
were reinstated and valid for travel. The U.S. Customs and Border
Protection ("CBP") was instructed to resume inspection of
all travelers pursuant to standard policies and procedures and
notify all airline carriers to board passengers pursuant to
standard policy. Moreover, CBP confirmed that individuals who had
arrived to the U.S. immediately following the execution of the
Executive Order and had their visas physically cancelled would
not need to reapply for a new visa and would be admitted with a
waiver, assuming there was no other admissibility issue.

On the same date, the Justice Department appealed the District
Court's decision to the Ninth Circuit Court of Appeals
requesting an emergency motion to stay Judge James
Robart's Order. However, the Ninth Circuit Court of
Appeals denied the Justice Department's request.

In summary, CBP is currently admitting immigrants, nonimmigrants
and refugees from the seven restricted countries pursuant to its
standard admission policies and procedures. However, this policy
can change at any time as the Trump Administration has announced
that it will seek to overturn any decision prohibiting the
execution of its Executive Order.

UPDATES ON EXECUTIVE ORDER BANNING TRAVEL FROM RESTRICTED
COUNTRIES (UPDATED ON 02/03/2017)

Dual Nationals Not Subject to Travel Ban

On February 2, 2017, the State Department issued an announcement
stating that the Executive Order does not restrict the travel of
dual nationals from any country with a valid U.S. visa in a
passport of an unrestricted country. Consulates will continue to
process visa applications and issue nonimmigrant and immigrant
visas to otherwise eligible visa applicants with a passport from an
unrestricted country, even if they hold dual nationality from one
of the seven restricted countries.

Lufthansa Airlines Complies with Boston Court Order

As a result of the Court Order entered by the District Court in
Massachusetts suspending the implementation of the Executive Order
in Boston, Lufthansa Airlines posted an announcement stating that
it would board all passengers with flights to Boston with valid
travel documents until February 5, 2017.

On February 1, 2017, White House Counsel Donald F. McGhan II
issued a memorandum which clarified that the Executive Order
banning nationals of seven restricted countries does not apply to
Lawful Permanent Residents of the United States.

National Visa Center Cancels All Scheduled Immigrant Visa
Interviews

The National Visa Center announced that it cancelled all
scheduled immigrant visa interviews for those applicants scheduled
in February 2017. This includes all immigrant visas categories,
including family-based, employment-based and K-1 fiancé
visas.

During the week of January 30, 2017, false information had been
circulating in the media and on immigration listservs stating that
additional countries were being added to the restricted countries
list. The Department of State confirmed that currently there are no
additional countries being added to the list of restricted
countries.

Visa Interview Waiver Program Continues to be Available for
Certain Applicants

The Department of State has confirmed that those applicants who
are under the age of 14 and over the age of 79 are still eligible
for a waiver of the in-person visa interview requirement. Moreover,
any applicant who is reapplying for a visa within 12 months from
the issuance of a previous visa in the same classification and at
the same post, also continues to be eligible for a waiver of the
in-person interview requirement. However, this may vary or changed
from post to post.

DHS States that Dual Citizens are Subject to the Ban if they
Present Restricted Country Passport

On January 31, 2017, the U.S. Department of Homeland Security
issued a Fact Sheet which clarified that travelers presenting
passports from one of the restricted countries, who also possesses
a passport from an unrestricted country, would not be subject to
the ban. This was a reversal from the Executive Order, as initially
implemented by many U.S. Customs and Border Protection
("CBP") ports which banned dual citizens who held two
passports. Possession of the restricted passport was considered as
being "from" one of the restricted countries
notwithstanding possession of an unrestricted passport.

Provisional Visa Revocation

The Department of State released a directive, dated January 27,
2017, which provisionally revoked all valid nonimmigrant and
immigrant visas for nationals of Iraq, Iran, Libya, Somalia, Sudan,
Syria and Yemen, with the exception of certain diplomatic visas,
based on President Trump's Executive Order signed on the same
date.

UPDATES ON EXECUTIVE ORDER BANNING TRAVEL FROM RESTRICTED
COUNTRIES (UPDATED ON 1/31/2017)

On 1/27/17, President Trump issued an Executive Order (EO)
suspending immigrant and nonimmigrant entry to the U.S. of
individuals from Iran, Iraq, Libya, Somalia, Sudan, Syria
and Yemen ("affected countries") for at least 90
days. The implementation of the EO has an immediate impact on
certain travelers to the U.S., including U.S. citizens, Lawful
Permanent Residents (a/k/a green card holders)
and nonimmigrants. Certain travelers, who are not nationals of
the affected countries, may still be indirectly impacted by the EO.
As a result, it is critical to seek legal counsel prior to travel.
The following guidelines are suggested for those contemplating
travel outside the U.S.

The following groups are directly impacted by the travel
ban to the U.S. and should seek legal counsel:

Nonimmigrant visa holders (i.e. B-1
or B-2, F-1, H-1B, J-1, L-1, etc.) who are nationals of the
affected countries and are presently residing in the U.S. should
seek legal counsel prior to traveling.

Lawful Permanent Residents
("LPR") who are nationals of the affected countries
should seek legal counsel prior to traveling.

Dual citizens of a non-affected
country (i.e. U.K., Germany, etc.) and one of the affected
countries should seek legal counsel.

The following groups of individuals should exercise caution
if they travel as they may be subject to increased scrutiny and
questioning upon return to the U.S.:

U.S. citizens and LPRs who are not
nationals of the affected countries but who have traveled to one of
the affected countries for business or pleasure in the past or seek
to travel to one of the affected countries.

U.S. citizens who are also citizens
of the affected countries.

Nonimmigrants who are not nationals
of the affected countries but who have traveled to one of the
affected countries for business or pleasure in the past or seek to
travel to one of the affected countries.

Lawful Permanent Residents should NOT sign the Form I-407,
Record of Abandonment of Lawful Permanent Resident Status

The Form I-407 enables an LPR to
voluntarily abandon status as an LPR of the United States.

Upon signing the Form I-407, the LPR
has formally abandoned his green card and gives up the rights and
benefits that go with that status. If in the future the individual
wants to return to the U.S. as a permanent resident, he/she will
have to begin the process anew.

There have been numerous reports of
immigration officials ordering LPRs to sign the Form I-407.

LPRs who are asked to sign the Form
I-407 by an immigration official should not sign the document, even
if threatened or strongly encouraged to.

LPRs who are asked to sign the Form
I-407 should insist on attending a hearing before an Immigration
Judge.

THE IMPACT OF THE ADDITIONAL PROVISIONS OF THE EXECUTIVE
ORDER

Visa Interview Waiver Program
Cancelled - The EO suspends the consular practice of
waiving an in-person interview for a select group of eligible
nonimmigrant visa applicants. The EO now requires all nonimmigrant
visa applicants to undergo an in-person interview.

Expect Delays at Consular
Posts Worldwide – Whether a visa applicant is a
national of the affected countries or not, as consulates begin
implementation of the various provisions of the EO, there will
likely be considerable delays in visa issuance.

Suspension of Visa Processing
and Adjudication of Visa Petitions and Naturalization Applications
– U.S. consular posts worldwide have halted
immigrant and nonimmigrant visa processing for nationals of the
affected countries. The U.S. Citizenship and Immigration Services
has suspended adjudication of petitions for benefits and
naturalization applications that were previously filed for
nationals of the affected countries.

Foreign Nationals with
Arrests or Convictions – The EO contains a provision
specifying the collection of information on the immigration status
of foreign nationals charged with major offenses. While it is
unclear exactly what this means, it is anticipated that foreign
nationals who are arrested and/or convicted will be immediately
reported to immigration authorities.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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